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Dr. Rajni Kant Upadhyaya v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 13402 of 2006 [2007] RD-AH 2830 (21 February 2007)


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Court No. 46

Criminal Misc. Writ Petition No. 13402 of 2006.

Dr. Rajni Kant Upadhyaya...................................................................Petitioner


State of U.P. and others.....................................................................Respondents

Hon. Amar Saran, J.

Hon. R.N. Misra, J.

This writ petition has been filed by the petitioner to quash the FIR dated 12.8.2006, registered at police station New Agra, district Agra at crime no. 392/2006 under Sections 420, 463, 464, 467, 468, 469, 470, 471, 120B IPC. He has also prayed for directing the police not to arrest him in connection with the said crime.

We have heard the learned counsel for the petitioner and learned AGA for the State.

One Ashok Kumar Arora lodged the FIR with the allegation that one R.P. Singh, lecturer in the Prince Institute of Technology, Ghaziabad was residing in his house.  About 50 students daily used to visit his house. The informant came to know that the answer books of some Technical Courses of Chaudhary Charan Singh University, Meerut were available with him. Shri R.P. Singh,  was getting them evaluated by the unqualified students, who had passed only High School or Intermediate classes. R.P. Singh asked his daughter Madhivi Arora also who had passed Intermediate Class to examine and evaluate the answer books, but she denied.  On the basis of the said FIR, the Investigating Officer interrogated R.P. Singh, who was the son of Shri Babu Lal Arya, the Registrar of the said University. His statement, under Section 161 Cr.P.C. is annexed with the counter affidavit filed by Shri S.K. Singh, Sub Inspector, Police Station New Agra.  In his statement, R.P. Singh disclosed the fact that Dr. Rajni Kant Upadhyaya, the petitioner was appointed as a Nodal Officer for examining and evaluating the answer books of the technical courses of the said University.  He also told the Investigating Officer that a number of answer books had also been given to Raj Kumar Yadav and Dr. Brijesh Rawat for evaluation by the petitioner. The Investigating Officer confirmed this fact from the University concerned whether the petitioner was appointed as a Nodal Officer for evaluating  the answer books. The photo copy of the letter of the Registrar of the University has been enclosed with the counter affidavit which shows that the petitioner was appointed as a Nodal Officer for examination and evaluation of the answer books of Meerut University belonging to M.B.A., M.I.B., M.J.M.M, B.J.M.C., PGDMM, FGDCA, PGDMFI, MIS, MBE, MCS, BIS, BBA, BCA, B.Sc (Home Sc.), B.Sc./M.Sc (Bio Tech) courses. It may be mentioned here that the petitioner is Vice Principal of Krishna Science and Rural Technology, Agra. The assertion of the petitioner is not believable that he has never been appointed as Nodal Officer for the said purpose. Shri S.K. Singh, Sub Inspector in the counter affidavit has disclosed this fact that the main accused Babu Lal Arya, Registrar of the University is absconding, against whom the case at crime no. 509 of 2006, under Sections 420, 463, 464, 467, 468, 469, 470, 471, 120B and 201 of the Indian Penal Code has already been registered and all the relevant papers belonging to the examination and evaluation of the answer books are lying with him and due to that reason, the investigation is pending.

There is no force in this contention made by the learned counsel for the petitioner that the petitioner has no concern with this incident and he has wrongly been named by R.P. Singh, who is the father of Babu Lal Arya, the main accused in this case.

A plain perusal of the materials on record show that the future of number of students have been darkened by the petitioner and others by evaluating their answer books of higher studies by a low qualified students only with a view to get Rs. 10/- per answer book from the said University. This act is against the morals and ethics causing great loss to the carrier and future of the students, which cannot be compensated by any means.

The learned counsel for the petitioner has drawn our attention towards the interim order, passed by another Division Bench of this Court on 16.11.2006 , restraining the arrest of the petitioner till 11.12.2006. But as we are disposing of the writ petition finally on merits, therefore, the said order has no affect. That was purely the interim order and ceased to have any effect with the final disposal of this petition.

There is nothing on the record to show that the petitioner has not been involved in this case.  The evidence collected by the Investigating Officer so far, prima facie proves his involvement in this scam, which is very much injurious for the educational atmosphere of the University and future of the students.

There is no force in this writ petition and it is accordingly dismissed.

Interim order, granted earlier stands vacated. The observations herein above are not to affect the investigation and trial of this case.




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